IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21562 of 2011
Hussani Gaddi, S/o Jamadar Gaddi, resident of village-Tirhutia Tola,
P.S.-Chanpatia, District-West Champaran
Versus
The State Of Bihar
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03. 25.10.2011 Heard learned counsel appearing on behalf of the
petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Bettiah
Town P.S. Case No. 465 of 2010 for offence punishable under
Sections 302/120B/34 of the Indian Penal Code.
Learned counsel for the petitioner, with reference to the
allegation as set out in the F.I.R., submits that the petitioner is not
named in the F.I.R. rather his name has transpired by reason of a
confessional statement of a co-accused as being a party to the
conspiracy. It is submitted that save and except of being a party to
the conspiracy no other allegations of assault or any overt act has
been attributed to the petitioner.
Having heard learned counsel for the petitioner and
considering the circumstances set forth, let the petitioner Hussani
Gaddi be released on bail on furnishing bail bond of Rs. 10,000/-
(rupees ten thousand) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate, Bettiah,
West Champaran in connection with Bettiah Town P.S. Case No.
465 of 2010, subject to the following conditions:
(1) The father/uncle of the petitioner shall stand as one
of the bailor before the court below and who shall be under a duty to
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inform the court below in case this petitioner after his release in the
present case is found involved or is made accused in any further
case of similar nature and whereupon the court below shall cancel
the bail bond of the petitioner and take him into custody.
(2) The petitioner would ensure his representation
before the court below on each and every date fixed in the case and
the failure on the part of the petitioner to ensure his representation
on two consecutive dates fixed without reasonable explanation to
the satisfaction of the court concerned shall entitle the court below
to cancel his bail bond and to take him into custody.
(Jyoti Saran, J.)
S.Sb/-
